,i #aagth ,,congress #ast ,session ,h4 ,r4 #adba ,,in ,,the ,,house ,,of ,,representatives ,february #bf1 #bjba,ms4 ,plaskett introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to establish a program that enables college-bound residents of outlying areas of the ,united ,states to have greater choices among institutions of higher education1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,territories ,college ,access ,act4 #b4 ,purpose ,it is the purpose of this ,act to establish a program that enables college-bound residents of outlying areas to have greater choices among institutions of higher education4 #c4 ,college access grants 7a7 ,grants 7#a7 ,in general 7,a7 ,allocation to outlying areas ,from the total amount appropriated under subsection 7n7 for a fiscal year1 the ,secretary shall allocate #be percent to each outlying area to make grants to eligible institutions in accordance with subparagraph 7,b74 7,b7 ,grants to eligible institutions ,from the amount allocated to an outlying area under subparagraph 7,a7 for a fiscal year1 the ,governor of the outlying area shall carry out a program under which the ,governor awards grants to eligible institutions1 on behalf of each eligible student from the outlying area who is enrolled in such institution1 to pay the difference between-- 7i7 the base amount of tuition and fees charged to the eligible student2 and 7ii7 the base amount of tuition and fees charged to a student of the institution who is a resident of the ,state in which the institution is located4 7#b7 ,maximum student amounts ,the amount paid on behalf of an eligible student under this section shall be-- 7,a7 not more than #ae1jjj for any one award year 7as defined in section #dha of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh772 and 7,b7 not more than #de1jjj in the aggregate4 7#c7 ,proration ,in the case of a grant made under this section on behalf of an eligible student who is attending an eligible institution on a less than full-time basis1 the amount of the grant shall be reduced in proportion to the degree to which that student is not so attending on a full-time basis4 7b7 ,reduction for insufficient appropriations 7#a7 ,in general ,if the funds appropriated pursuant to subsection 7n7 for any fiscal year are insufficient to enable the ,governor of an outlying area to award a grant in the amount determined under subsection 7a7 on behalf of each eligible student from the outlying area enrolled in an eligible institution1 then the ,governor1 in consultation with the ,secretary1 shall-- 7,a7 first1 ratably reduce the amount of the tuition and fee payment made on behalf of each eligible student from the outlying area who has not received funds under this section for a preceding year2 and 7,b7 after making reductions under subparagraph 7,a71 ratably reduce the amount of the tuition and fee payments made on behalf of all other eligible students from the outlying area4 7#b7 ,adjustments ,the ,governor of an outlying area1 in consultation with the ,secretary1 may adjust the amount of tuition and fee payments made under paragraph 7#a7 based on-- 7,a7 the financial need of the eligible students to avoid undue hardship to the eligible students2 or 7,b7 undue administrative burdens on the ,governor4 7#c7 ,further adjustments ,notwithstanding paragraphs 7#a7 and 7#b71 the ,governor of an outlying area may prioritize the making or amount of tuition and fee payments under this subsection based on the income and need of eligible students4 7c7 ,rule of construction ,nothing in this section shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable an eligible student to enroll in the institution4 7d7 ,applications ,each student desiring that a ,governor award a grant under this section to an eligible institution on behalf of the student shall submit an application to the eligible institution at such time1 in such manner1 and accompanied by such information as the eligible institution may require4 7e7 ,employment agreement 7#a7 ,in general ,except as provided in subsection 7g71 each application submitted under subsection 7d7 shall contain or be accompanied by an agreement by the applicant that the applicant will-- 7,a7 maintain full-time employment within the outlying area where the applicant was domiciled1 as described in subsection 7l77#c77;,a71 for a period of not less than #b years within the #d-year period after the date the applicant completes the course of study for which the applicant received grant assistance under this section2 and 7,b7 submit evidence of such employment in the form of a certification by the employer upon completion of each year of such employment4 7#b7 ,failure or refusal to carry out employment obligation ,in the event that an applicant is determined to have failed or refused to carry out the employment obligation described in paragraph 7#a71 the sum of the grant assistance under this section received by such applicant shall be treated as a loan and collected from the applicant in accordance with subsection 7f7 and the policies and procedures under subsection 7h77#b74 7f7 ,repayment for failure ,to complete employment ,in the event that a student on whose behalf a grant is made under this section fails or refuses to comply with the employment obligation in the agreement under subsection 7e71 the sum of the amounts of any such grant received by such student shall1 upon a determination of such a failure or refusal in such employment obligation1 be treated as a loan1 and shall be subject to repayment1 together with interest thereon accruing from the date of the grant award1 in accordance with terms and conditions specified by the ,governor through policies and procedures under subsection 7h77#b74 7g7 ,extenuating circumstances 7#a7 ,in general ,each ,governor shall identify extenuating circumstances under which a student on whose behalf a grant is made under this section who is unable to fulfill all or part of the student's employment obligation under subsection 7e7 may be excused from fulfilling that portion of the employment obligation4 7#b7 ,continuous enrollment ,if a student on whose behalf a grant is made under this section is continuously enrolled at an institution of higher education in one or more postbaccalaureate programs and is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section #dhd7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7;c771 the employment obligation in the agreement under subsection 7e7 shall begin once such recipient is no longer continuously enrolled4 7h7 ,administration of program 7#a7 ,in general ,each ,governor shall carry out the program authorized under this section in consultation with the ,secretary4 ,each ,governor may enter into a grant1 contract1 or cooperative agreement with another public or private entity to administer the program under this section if the ,governor determines that doing so is a more efficient way of carrying out the program4 7#b7 ,policies and procedures ,each ,governor1 in consultation with institutions of higher education eligible for participation in the program authorized under this section1 shall develop policies and procedures for the administration of the program4 7#c7 ,memorandum of agreement ,each ,governor and the ,secretary shall enter into a memorandum of agreement that describes-- 7,a7 the manner in which the ,governor shall consult with the ,secretary with respect to administering the program authorized under this section2 and 7,b7 any technical or other assistance to be provided to the ,governor by the ,secretary for purposes of administering the program 7which may include access to the information in the common financial reporting form developed under section #dhc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij774 7i7 ,governor's report ,each ,governor shall report to the authorizing committees annually regarding-- 7#a7 the number of eligible students from the outlying area attending each eligible institution and the amount of the grant assistance paid to such institutions on behalf of the eligible students2 7#b7 the extent1 if any1 to which a ratable reduction was made in the amount of tuition and fee payments made on behalf of eligible students from the outlying area2 7#c7 the progress in obtaining recognized academic credentials of the cohort of eligible students from the outlying area for each year2 and 7#d7 the number of eligible students whose grant assistance under this section has been converted to a loan1 and the repayment of such loans4 7j7 ,,gao report ,beginning on the date of enactment of this section1 the ,comptroller ,general of the ,united ,states shall monitor the effect of the program authorized under this section on educational opportunities for eligible students4 ,the ,comptroller ,general shall analyze whether eligible students had difficulty gaining admission to eligible institutions because of any preference afforded in-,state residents by eligible institutions1 and shall expeditiously report any findings regarding such difficulty to the authorizing committees4 ,in addition1 the ,comptroller ,general shall-- 7#a7 analyze the extent to which there are an insufficient number of eligible institutions to which students from outlying areas can gain admission1 including admission aided by assistance provided under this section1 due to-- 7,a7 caps on the number of out-of-,state students the institution will enroll2 7,b7 significant barriers imposed by academic entrance requirements 7such as grade point average and standardized scholastic admissions tests72 and 7,c7 absence of admission programs benefitting minority students2 and 7#b7 report the findings of the analysis described in paragraph 7#a7 to the authorizing committees4 7k7 ,general requirements 7#a7 ,personnel ,the ,secretary shall arrange for the assignment of an individual1 pursuant to subchapter ,,vi of chapter #cc of title #e1 ,united ,states ,code1 to serve as an adviser to each ,governor with respect to the program authorized under this section4 7#b7 ,administrative expenses ,each ,governor may use not more than #e percent of the funds made available for the program authorized under this section for a fiscal year to pay the administrative expenses of the program for the fiscal year4 7#c7 ,inspector general review ,the program authorized under this section shall be subject to audit and other review by the ,inspector ,general of the ,department of ,education in the same manner as programs are audited and reviewed under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app474 7#d7 ,gifts ,each ,governor may accept1 use1 and dispose of donations of services or property for purposes of carrying out this section4 7#e7 ,maximum student amount adjustments ,each ,governor shall establish rules to adjust the maximum student amounts described in subsection 7a77#b77;,b7 for eligible students who transfer between the eligible institutions4 7l7 ,definitions ,in this section3 7#a7 ,authorizing committees ,the term authorizing committees has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7#b7 ,eligible institution ,the term eligible institution means an institution that-- 7,a7 is a public #d-year institution of higher education located in one of the several ,states of the ,united ,states1 the ,district of ,columbia1 or the ,commonwealth of ,puerto ,rico2 7,b7 is eligible to participate in the student financial assistance programs under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq472 and 7,c7 enters into an agreement with a ,governor containing such terms and conditions as the ,governor and institution may jointly specify1 including a requirement that the institution use the funds made available under this section to supplement and not supplant assistance that otherwise would be provided to eligible students4 7#c7 ,eligible student ,the term eligible student means an individual who-- 7,a7 was domiciled in the outlying area from which a grant is sought under this section for not less than the #ab consecutive months preceding the commencement of the freshman year of the individual at an institution of higher education2 7,b7 graduated from a secondary school in such outlying area1 or received the recognized equivalent of a secondary school diploma while domiciled in such outlying area1 on or after ,january #a1 #bjag2 7,c7 begins the individual's undergraduate course of study within the #c calendar years 7excluding any period of service on active duty in the ,armed ,forces1 or service under the ,peace ,corps ,act 7#bb ,u4,s4,c4 #beja et seq47 or subtitle ,c of title ,i of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abega et seq477 of graduation from a secondary school1 or obtaining the recognized equivalent of a secondary school diploma2 7,d7 is enrolled or accepted for enrollment1 on at least a half-time basis1 in a baccalaureate degree or other program 7including a program of study abroad approved for credit by the eligible institution at which such student is enrolled7 leading to a recognized educational credential at an eligible institution2 7,e7 if enrolled in an eligible institution1 is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section #dhd7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7;c772 7,f7 while enrolled in an eligible institution1 maintains the outlying area where the applicant was domiciled pursuant to subparagraph 7,a7 as the individual's principal place of residence for purposes of the laws of such outlying area2 and 7,g7 has not completed the individual's first undergraduate baccalaureate degree course of study4 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#e7 ,governor ,the term ,governor means-- 7,a7 the ,governor of the ,united ,states ,virgin ,islands1 with respect to the grants authorized to be made by such ,governor under subsection 7a72 7,b7 the ,governor of the ,commonwealth of the ,northern ,mariana ,islands1 with respect to the grants authorized to be made by such ,governor under subsection 7a72 7,c7 the ,governor of ,guam1 with respect to the grants authorized to be made by such ,governor under subsection 7a72 and 7,d7 the ,governor of ,american ,samoa1 with respect to the grants authorized to be made by such ,governor under subsection 7a74 7#f7 ,outlying area ,the term outlying area means any of the four insular areas specified under section #haja7cf77;,a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7cf77;,a774 7#g7 ,secondary school ,the term secondary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#i7 ,state ,except as used in paragraph 7#b77;,a71 the term ,state has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7m7 ,effective date ,this section shall take effect with respect to payments for periods of instruction that begin on or after ,january #a1 #bjba4 7n7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #dj1jjj1jjj for each of the fiscal years #bjbb through #bjbg1 and such sums as may be necessary for each of the succeeding fiscal years4 ,such funds shall remain available until expended4